Searching Content indexed under Music and the Arts by McDermott Will & Emery ordered by Published Date Descending.
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Ninth Circuit Provides A Second Look At Willful Copyright Infringement
The US Court of Appeals for the Ninth Circuit reversed a district court's grant of summary judgment in favor of a music merchandising company.
United States
6 Oct 2016
Could The Bieb Be A Copyright Infringer?
The U.S. Court of Appeals for the Fourth Circuit vacated a district court decision dismissing a copyright infringement claim in a case involving a copyrighted song and a later recording by Justin Bieber...
United States
10 Aug 2015
Portion Of California Resale Royalty Act Struck Down As Unconstitutional
Addressing the constitutionality of California's Resale Royalty Act, Cal. Civ. Code § 986, the U.S. Court of Appeals for the Ninth Circuit held that a portion of the Act violated the dormant Commerce Clause of the U.S. Constitution.
United States
1 Jul 2015
Music Streaming Rights Are Included In ASCAP's Licenses
ASCAP is a performing rights organization that represents almost half of all composers and music publishers in the United States.
United States
1 Jul 2015
Circumstantial Evidence Does Not Create A Triable Issue Of Material Fact
The U.S. Court of Appeals for the Sixth Circuit upheld the district court’s grant of summary judgment in favor of defendant-appellee Universal-MCA Music Publishing
United States
14 Jan 2008
A "Reconstruction" Does Not Fulfill Copyright Application Deposit Requirement
In a case of first impression, the U.S. Court of Appeals for the First Circuit joined the Sixth and Ninth Circuits in finding that a reconstruction is not a "copy" for purposes of a copyright application deposit.
United States
17 Dec 2007
Sampling Without A License Results In Damages – But How Punitive Should They Be?
The plaintiffs brought suit for copyright infringement against the music publishers behind the Notorious B.I.G. album Ready to Die, the title song of which contained an unlicensed sample of "Singing in the Morning."
United States
14 Dec 2007
Go Celebrate Mr. Jackson; Here’s 50 Cent For Your Birthday
Addressing an unusual but high-profile copyright dispute involving famous rappers, the U.S. Court of Appeals for the Eleventh Circuit granted summary judgment for rapper Curtis Jackson (a.k.a. 50 Cent) on claims that he infringed the copyright for the song “Its Your Birthday” by rapper Luther Campbell of 2 Live Crew.
United States
2 Oct 2007
State Voice Protection Statute Pre-Empted by Copyright Laws
The U.S. Court of Appeals for the Ninth Circuit ruled that a vocalist’s state law claims, based on protection of a performer’s voice, were pre-empted by the Copyright Act in Debra Laws v. Sony Music Entertainment, Case No. 03-57102 (9th Cir. May 24, 2006) (Bybee, J.).
United States
12 Jul 2006
Individual Copyrighted Works in an Unauthorized Compilation Warrant Separate Statutory Damages Awards
The U.S. Court of Appeals for the Second Circuit held that a compilation that infringed copyrights in its constituent parts is not considered "one work" for purposes of 17 U.S.C. §504(c). Rather, each constituent part that infringes upon a copyright is subject to a separate statutory damages award. WB Music v. RTV Communications Group, Case No 04-3890, 2006 U.S. App. LEXIS 9889 (2d Cir. Apr. 19, 2006) (Walker, C.J.).
United States
12 Jun 2006
The End of Peer-To-Peer File Sharing?
In 1999 the Napster file transfer service first released software allowing internet users to engage in the mass digital distribution of copyrighted music online.
United States
31 May 2006
Seventh Circuit Upholds Judgment Against Individual for Downloading 30 Copyrighted Songs
The U.S. Court of Appeals for the Seventh Circuit has held that downloading copyrighted songs from the internet is copyright infringement and cannot be defended as fair use. BMG Music v. Gonzalez, Case No. 05-1314 (7th Cir. Dec.12, 2005) (Easterbrook, J.).
United States
7 Feb 2006
First Circuit Lines Up with Sixth in Dividing Up the Copyright Renewal-Right Pie
Avoiding a split with the U.S. Court of Appeals for the Sixth Circuit, the U.S. Court of Appeals for the First Circuit has held that if a copyright holder dies before he or she exercises the renewal right, the right belongs equally to his or her surviving spouse (50 percent) and his or her children (who split the remaining 50 percent) under the compulsory bequest provision.
United States
13 Dec 2005
D.C. Circuit Condemns Collaboration in Support of Three Tenors Joint Venture
Recently, the U.S. Court of Appeals for the D.C. Circuit affirmed a Federal Trade Commission (FTC) ruling that two major record companies violated antitrust laws in connection with their lawful joint venture to market and distribute the 1998 "Three Tenors" album in Polygram Holdings, Inc. v. Federal Trade Commission, Slip. Op. No. 03-1203 (July 22, 2005). While the conduct of the joint venture itself was not the subject of scrutiny by the FTC, a subsequent agreement to limit advertising and disc
United States
17 Aug 2005
No Substantial Similarity Where Only Non-Copyrightable Subject Matter Is Used in Common
The U.S. Court of Appeals for the First Circuit has held that a musical composition that was not sufficiently similar to a registered composition to give rise to an inference of actual copying does not infringe that composition. Johnson v. Gordon, Case No. 04-2475 (1st Cir. May 31, 2005) (Selya, J.).
United States
4 Aug 2005
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